Practice Areas
Common Estate Planning Matters in Florida
Florida's estate planning landscape is governed by the Florida Probate Code and administered through the state's circuit courts in all 67 counties. The state's homestead exemption laws are among the most generous in the nation, offering unlimited protection for primary residences. Florida's lack of state income tax makes it an attractive destination for retirees, but this also means more complex federal estate tax planning considerations. The state's probate process can be streamlined through proper planning, including the use of lady bird deeds and other Florida-specific estate planning tools.
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Revocable and irrevocable trusts
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Estate Planning Attorneys by City in Florida
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Why It Matters
Why Hire an Estate Planning Attorney in Florida?
Florida-licensed attorneys understand the state's unique homestead laws, which can provide unlimited asset protection but come with strict residency and usage requirements. Local attorneys are familiar with Florida's specific probate procedures, including the state's simplified administration process for smaller estates and the requirements for formal administration in circuit courts.
Local Courts
Estate planning matters and probate proceedings in Florida are handled by the Circuit Courts in each of the state's 20 judicial circuits, with each county having its own probate division or designated probate judges.
Florida Law
Florida Estate Planning Laws & Deadlines
Florida follows its own Probate Code found in Chapters 731-735 of the Florida Statutes, with unique provisions for homestead property that cannot be devised freely if the decedent is survived by a spouse or minor children. The state recognizes lady bird deeds (enhanced life estate deeds) as a probate avoidance tool, and Florida trust law allows for particularly flexible trust arrangements under Chapter 736 of the Florida Statutes.
Key Facts
What to Know About Estate Planning in Florida
Cost to You
Free to submit your case
When to Act
As soon as possible — estate planning is for everyone, not just the wealthy
Attorney Cost
Flat fees and hourly rates vary by attorney.
Our Network
Estate Planning attorneys as they join
Common Questions
Frequently Asked Questions
How does Florida's homestead exemption affect my estate plan?
Florida's homestead exemption provides unlimited protection for your primary residence from creditors during your lifetime, but it also restricts how you can leave the property at death if you have a surviving spouse or minor children. Proper estate planning must account for these constitutional restrictions on devising homestead property.
What is a lady bird deed and should I use one in Florida?
A lady bird deed, or enhanced life estate deed, is a Florida estate planning tool that allows you to retain full control of your property during your lifetime while automatically transferring it to beneficiaries at death without probate. This can be an effective way to avoid probate while maintaining flexibility, but it should be used as part of a comprehensive estate plan.
How do I find a qualified estate planning attorney in Florida?
Look for attorneys who are members of the Florida Bar's Real Property, Probate and Trust Law Section and have specific experience with Florida's unique laws like homestead exemptions and lady bird deeds. Many estate planning attorneys in Florida also hold additional certifications in tax law or elder law to better serve the state's large retiree population.
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